Today is Mediation Settlement Day. This annual event is sponsored by FINRA Dispute Resolution, the New York State Unified Court System and a coalition of over 100 alternative dispute resolution programs, bar associations, community based programs, schools, public and non-profit organizations concentrated in the New York City area, and extending beyond to upstate New York, … Continue reading Happy Mediation Settlement Day!
Last week, we had wonderful talk entitled Blowing the Whistle on Whistleblowing Laws. Attorney Charles L. (Chuck) Howard is one of the few attorneys in the U.S. with extensive expertise in the legal issues of ombudsmen. Howard has a national practice in representing organizational ombudsmen at universities, multinational corporations, and research institutions. His new book, entitled The Organizational … Continue reading Ombuds Perspective on Whistleblowing Laws
Bob Mnookin (Harvard) published this op-ed in this past Monday’s Wall Street Journal. The opening: It’s hard to think straight when negotiating with an adversary you claim is evil, and Israel proved it last week. The usual problem is a refusal to negotiate at all. Here the Israelis made what seems to be a crazy … Continue reading Mnookin on Israel’s Deals with the Devil
A column in today’s L.A. Times mentions last week’s Senate Judiciary Committee hearings on the proposed Arbitration Fairness Act (S. 987), and voices generally the consumer’s views against mandatory arbitration. The consumer columnist, David Lazarus, notes that the bill’s chance of emerging from the Republican-controlled House are “slim to none at the moment.”
The Hugh Carey Center for Dispute Resolution at St. John’s hosted the third annual Securities Dispute Resolution Triathlon in Manhattan this weekend. Twenty-four student teams from law schools around the country participated in the competition, which requires them to negotiate, then mediate, then arbitrate a realistic securities dispute. FINRA neutrals serve as mediators, arbitrators, and … Continue reading Congratulations Dispute Resolution Triathlon Winners
Paula Young (Appalachian) has published two papers on teaching ethics in law school. Her 2011 article, Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators, builds on her previous article, Teaching Professional Ethics to … Continue reading Young on Teaching Ethics
Ran Kuttner (Creighton) has posted The Wave/Particle Tension in Negotiation, forthcoming in the Harvard Negotiation Law Review. The abstract: Using the wave/particle duality, a central principle in quantum physics as a metaphor, this article describes two different modes of human interaction that a negotiator should be aware of when conducting her negotiations-within, i.e. her internal … Continue reading Kuttner on the Wave/Particle Tension in Negotiation
David Hoffman (Boston Collaborative Group) has posted Mediation and the Art of Shuttle Diplomacy. The abstract: Mediation caucusing — that is, separate meetings conducted by the mediator with some, but not all, of the parties — is widely used, but it has become increasingly controversial, as some mediators advocate for a no-caucus form of mediation … Continue reading Hoffman on Mediation and the Art of Shuttle Diplomacy
Do you have an article or recent research that you would like to share? Please share with indisputably! With the breadth of scholarship relevant to an interdisciplinary field like ADR, keeping track of what’s going on can be a challenge. Collecting scholarship in one place is an effective way to get articles in front of … Continue reading Posting new scholarship
Occasionally I’ll see a message on a list-serv that captures my attention, and that most recently occurred with a recent message sent by Hiro Aragaki (Loyola – LA). I asked if I could post it here, and he agreed. If you’re not familiar w/ Aragaki’s work, he’s quite good at viewing issues from a different vantage point, … Continue reading Aragaki on The Age Myth in Mediation
